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In the toolbox, Judges might have;
■ Attitude and behavior which might change according to circumstances
■ Domestic law
■ International law such as CEDAW

■ Constitution where equality provision is clearly stated
■ Rules of the court which can be applied not rigidly but flexibly to help
the case
■ Courtroom set up that can change accommodating the differences by
showing your willingness to help especially dealing with the disabled
or children.

çThe great aim of education is not knowledge but action.é ›Herbert Spencer, British
Philosopher and Sociologist

When judges are equipped with these tools, they must take actions. If judges want to be fair,
effective, and artful, they must gain the respect of the community, cause things to move, and take
others with them.

The Scientific Method
Decision = Evidence + Law ?

A judicial decision is considered as an outcome of logical conclusions driven by relevant

laws and the supporting evidence. However, the most difficult part of judging is to distinguish
which or whose part of the evidence are true. Due to the fact that there are many types
of evidence, judges must use his/her skills to evaluate the evidence. In other cases, even if there is
the same evidence or same argument, judges may come to different conclusions, as facts and even
laws are in conflict in interpretation and use.

Given the context that facts and even laws are in conflict in interpretation and use, judges have

to decide what to believe and why. Such decision can not be always as objective as we wish,
because judging is also influenced by various social factors. While deciding, judges are driven
by things inside of themselves such as instinct, traditions, beliefs, and acquired conditions
towards a particular conclusion and decision. Needless to say, those personal things are affected
by the wider social context as seen in the chart below. It implies that judges can not be
completely objective as they please.